Private universities case: CJP wants criminal cases over illegal opening of campuses

LAHORE: While Chief Justice Mian Saqib Nisar on Saturday remarked that criminal cases should be registered against private universities “for opening campuses in violation of the rules, National Accountability Bureau informed the bench that Rs313 million had been recovered from heads of 56 public sector companies in Punjab, they had received as huge salaries during the previous government.

A two-member SC bench, headed by Mian Saqib Nisar, and comprising Justice Ijazul Ahsan, was hearing different cases at the apex court Lahore registry here.

During the hearing of irregularities in affairs of 56 public sector companies in Punjab, NAB director general submitted a report, stating that the officers of public sector companies owe national exchequer Rs432 million, out of which Rs313 million had been recovered. He said that Rs118 million were yet to be recovered from nine officers.

The court directed these officers to submit their replies for not returning the amount they received as big salaries.

Hearing another case, the chief justice strongly disapproved of rapid growth of private universities in the Punjab province and directed the Higher Education Commission to furnish a complete record of such universities, their affiliated colleges established in violation of the rules and regulations and their fee structures.

The CJ remarked that criminal cases should be registered for opening of campuses in violation of the law. “I will see who will come to the court to seek bails of the owners and officials of such universities,” the CJP said.

A petition was filed by the students of a college, affiliated with the University of South Asia at the SC Lahore registry, over non-issuance of degrees even after the completion of their programme.

The chief justice regretted that these private universities had played havoc with education in the country and turned themselves into commercial institutions, instead of centres of learning. He remarked that students had been refused their degrees and they were protesting on roads. He also came down hard on the HEC for showing slackness and failing to take stringent action against the private universities, which had become hub of minting money and looting students in the name of education.

An official of the HEC informed the court that the University of South Asia was set up in 2005 after a charter was introduced by the Punjab government under an Act.

He pointed out that under the law, the university was barred from granting affiliation to colleges and establish its sub-campuses for a period of 10 years. He, however, said the university granted affiliation to 27 colleges in violation of the law as it bypassed mandatory condition of securing approval from chancellor/ governor for the grant of affiliation or establishing a sub-campus.

"A degree document is insufficient; teachers are vital for any institution. Otherwise, the degree is simply a parchment of paper," the HEC official said.

To this, the chief justice responded by saying: "I will see now who will obtain bail for whom. This is an act of fraud. They have wreaked havoc on the education system."

The CJ remarked that they (private universities) were defrauding people in the country and they had ruined the education system. “For how long these universities are operating and how much fees they charge?” the chief justice asked.

Responding to HEC arguments, University of South Asia Vice Chancellor Mian Imran Masood, also a former education minister, told the court that the restriction of 10 years was never violated. He stated that all 27 affiliated colleges had been closed since 2016. He asserted that permission of chancellor was not required for granting affiliation; it was meant for setting up sub-campus only.

To it, Justice Ahsan remarked that the university had been playing hide and seek with the law and cheating students by taking advantage of loopholes in the law.

The bench asked Advocate General Punjab Ahmad Awais to discuss the said university issue with chancellor/ governor and come up with a viable solution to the issue of degrees, as the future of students was under threat.

The bench directed Federal Investigation Agency (FIA) to hold a detailed probe into the affairs of the university and its affiliated colleges.

The chief justice also lambasted the FIA for keeping its eyes shut to a very sensitive issue involving students’ future while the university kept on ruining the future of thousands of students.

He said the HEC also failed to discharge its obligation, being a regulator of the higher educational institutions.

Chief Justice Saqib Nisar observed that the past governments wreaked havoc on the education sector during the last 10 years.

The previous governments gave permission for setting up of private universities to influential and blue eyed people in sheer violation of the law as permits to fleece people in the name of education, the CJ added.

The chief justice also directed the HEC to identify the criteria for establishing a chartered university. He appointed two senior lawyers – Zafar Iqbal Kalanauri and Uzair Bhandari – as amicus curies (friends of the court) to render their assistance on the matter.

The bench also issued notices to all 27 private universities for Sunday (today).

Plagiarism

A Punjab University committee, constituted in compliance with the Supreme Court orders, submitted its sealed report before the chief justice about alleged plagiarism by its Law College Principal Dr Shazia Qureshi.

The committee in its report recommended for referring the matter to standing committee of Higher Education Commission (HEC).

Vice-chancellors

Chief Justice Mian Saqib Nisar on Saturday ordered the Punjab government to fill vacant seats of vice chancellor in public sector universities.

The chief justice directed AGP Ahmad Awais to convey the court direction to the newly established government in the province and submit a report within two months.

The chief justice also dismissed an application of Dr Uzma Qureshi, requesting the court to withdraw an earlier order about her removal as vice chancellor of Lahore College for Women University (LCWU) and allowed her to tender resignation instead.

The chief justice directed the committee to hand over its report to Dr Qureshi as well asking the latter to file her objection on it.